Priest in same sex marriage loses appeal

Bishop did not unlawfully discriminate against priest or harass him when refusing to grant a licence following same-sex marriage

The Court of Appeal has upheld an employment tribunal’s decision that it was not unlawful discrimination or harassment for a bishop to refuse to grant the requisite licence to a priest to take up a position as hospital chaplain, on grounds that the priest had married his same-sex partner.

Although the bishop’s refusal was potentially discriminatory, the religious occupational requirement exception in the Equality Act 2010 applied in this case. The employment was for the purposes of an organised religion and the requirement not to be married to a person of the same sex complied with the doctrine of the Church of England. “Doctrine” was not to be construed narrowly, and encompassed the organisations teachings or beliefs.

As the decision not to grant the licence was lawful, the communication of that decision, absent some aggravating factor, could not amount to harassment. (Pemberton v Inwood [2018] EWCA Civ 564.).

Our specialist Employment Solicitors regularly advise employees and employers on all aspects of discrimination law, and they are adept at solving problems.